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Amendment of section 12 of Principal Act.
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16.—The Principal Act is hereby amended by the insertion in section 12 of the following subsections:
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“(2) The Commission may, for the purpose of their functions when conducting a study or analysis under this section, require any person to produce to the Commission any document in his power or control or to give to the Commission any information which the Commission may reasonably require.
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(3) Any person who refuses to produce any document in his power or control or to give to the Commission any information which the Commission may reasonably require shall, subject to subsection (4), be guilty of an offence.
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(4) (a) Any person of whom a requirement has been made under subsection (2), may apply to the High Court for a declaration under this section.
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(b) Any person of whom a requirement has been made under subsection (2) and who refuses to comply with that requirement, may, within 7 days of such refusal, apply to the High Court for a declaration under this section.
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(c) The High Court, having heard such evidence as may be adduced and any representations that may be made by the Commission and a person referred to in paragraph (a) of this subsection, may, at its discretion, declare that the exigencies of the common good do not warrant the exercise by the Commission of the powers conferred on them by this section, and upon the making of such a declaration the Commission shall withdraw the relevant requirement under this section.”.
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